06 LC 34
0572
House
Bill 1190
By:
Representatives Wilkinson of the
52nd,
Willard of the
49th,
Geisinger of the
48th,
Jones of the
46th,
and Ashe of the
56th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating
to the toll powers of the State Road and Tollway Authority, so as to modify and
clarify the processes by which collection of unpaid tolls may be accomplished;
to alter the fees and penalties which may be assessed for failure to pay the
proper toll; to provide for related matters; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll
powers of the State Road and Tollway Authority, is amended by striking
subsection (c) in its entirety and inserting in its place the
following:
∀(c)(1)
No motor vehicle shall be driven or towed through a toll collection facility,
where appropriate signs have been erected to notify traffic that it is subject
to the payment of tolls beyond such sign, without payment of the proper toll.
In the event of nonpayment of the proper toll, as evidenced by video or
electronic recording, the registered owner of such vehicle shall be liable to
make prompt payment to the authority of the proper toll and an administrative
fee of $25.00
per
violation to recover the cost of
collecting the toll.
The authority
or its authorized agent shall provide notice to the registered owner of a
vehicle, and a reasonable time to respond to such notice, of the
authoritýs
determination of a violation of this
subsection. Upon failure
of the
registered owner of a vehicle to pay the
proper toll and administrative fee to the authority after notice thereof and
within the time designated in such notice,
the
registered owner shall be cited for a violation of this subsection and, upon
conviction, shall be subject to the payment of a fine of not less than $50.00
nor more than $100.00 for each and every violation of this subsection and any
other fine or penalty that may be prescribed by law for such violations. In the
prosecution of an offense, proof that the vehicle was operated in violation of
this subsection, together with proof that the defendant was at the time of such
violation the registered owner of the vehicle, shall constitute in evidence a
rebuttable presumption that such registered owner of the vehicle was the person
who committed the violation. Such presumption shall be rebutted if the
registered owner of the vehicle testifies in open court under oath that he was
not the operator of the vehicle at the time of the violation. The court of the
local jurisdiction in which the violation occurred shall be authorized to assess
and collect such fine, in addition to any court costs, provided that the court
shall also collect the proper toll and administrative fee and forward such toll
and fee to the authority.
the authority
may proceed to seek collection of the proper toll and the administrative fee as
debts owing to the authority, in such manner as the authority deems appropriate
and as permitted under law. If the authority determines that multiple
violations of this subsection have occurred involving the same vehicle, the
authority may request the Office of State Administrative Hearings to conduct a
hearing as to whether violations of this subsection have occurred. If the
Office of State Administrative Hearings makes a determination that a registered
owner of a vehicle has committed multiple violations of this subsection, such
registered owner shall be subject to imposition of, in addition to any unpaid
tolls and administrative fees, a civil monetary penalty payable to the authority
of not more than $100.00 per violation. Actions taken by the authority under
this subsection shall be made in accordance with policies and procedures
approved by the members of the authority.
(2)
The registered owner of a vehicle which is observed being driven or towed
through a toll collection facility without payment of the proper toll may avoid
liability under this subsection by presenting to the authority a certified copy
of a police report showing that the vehicle had been reported to the police as
stolen prior to the time of the alleged violation.
(3)
For purposes of this subsection, for any vehicle which is registered to an
entity other than a natural person, the term 'registered owner' shall be deemed
to refer to the natural person who is the operator of such motor vehicle at the
time of the violation of this subsection, but only if the entity to which the
vehicle is registered has supplied to the authority, within 60 days following
notice from the authority or its authorized agent, information in the possession
of such entity which is sufficient to identify and give notice to the natural
person who was the operator of the motor vehicle at the time of the violation of
this
subsection.∀
SECTION
2.
This
Act shall become effective on July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.